83R15763 SLB-D
By: Guillen H.B. No. 332
Substitute the following for H.B. No. 332:
By: Kuempel C.S.H.B. No. 332
A BILL TO BE ENTITLED
AN ACT
relating to tort liability arising from a volunteer's operation of
a Parks and Wildlife Department motor-driven vehicle or
motor-driven equipment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 11, Parks and Wildlife
Code, is amended by adding Section 11.0281 to read as follows:
Sec. 11.0281. VOLUNTEER LIABILITY AND IMMUNITY. (a) In
this section, "volunteer" means a person rendering services for or
on behalf of the department without the expectation of receiving
monetary compensation from the department other than reimbursement
for expenses incurred by the person during the performance of the
service. The term does not include:
(1) a person performing services as a result of a
community service or community supervision sentence; or
(2) an inmate providing labor pursuant to Section
497.091, Government Code, or similar law.
(b) Except as provided by Subsection (c), a volunteer while
acting within the course and scope of the volunteer's assignment
for the department is immune from civil liability for any act or
omission of the volunteer resulting from the operation or use of a
motor-driven vehicle or motor-driven equipment owned or leased by
the department.
(c) This section does not apply to an act or omission that is
intentional, wilfully negligent, or done with conscious
indifference or reckless disregard for the safety of others.
(d) The department shall, from any funds appropriated to the
department, compensate a claimant for property damage, personal
injury, or death proximately caused by the wrongful act or omission
or the negligence of a volunteer acting within the scope of the
volunteer's assignment if:
(1) the property damage, personal injury, or death
arises from the operation or use of a motor-driven vehicle or
motor-driven equipment owned or leased by the department; and
(2) the volunteer would be personally liable to the
claimant under the laws of this state in the absence of the immunity
provided by this section.
(e) The amount of compensation paid under Subsection (d) may
not exceed the maximum amount applicable to a state agency as
specified by Section 101.023(a), Civil Practice and Remedies Code.
(f) A volunteer operating or using a motor-driven vehicle or
motor-driven equipment owned or leased by the department who is
acting within the course and scope of a volunteer assignment for the
department is exempt from the requirements of Chapter 601,
Transportation Code.
(g) Except as provided by Subsection (d), this section does
not create any liability of or waive any immunity of the department,
employees of the department, or volunteers for the department.
SECTION 2. The change in law made by Section 11.0281, Parks
and Wildlife Code, as added by this Act, applies to an act or
omission involving the operation of a motor-driven vehicle or
motor-driven equipment occurring on or after the effective date of
this Act. An act or omission involving the operation of a
motor-driven vehicle or motor-driven equipment that occurs before
the effective date of this Act is governed by the law in effect at
the time the act or omission occurs, and that law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.